· 1/3/2011
Knowles v. Bayview Loan Servicing, LLC (In Re Knowles)
Citations
- 442 B.R. 150
- 2011 WL 9409
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a creditor does not violate the automatic stay by sending a payoff statement to the debtor if the debtor requests that statement and the statement cannot be construed as an attempt to seek payment from the debtor
- explaining that “[t]he argument is waived because it was not raised below.”
- observing that “a ‘mere request for payment’ does not violate the stay unless it is coercive ■ or harassing,” and holding that “the filing of the proof of claim is not an act against property of the debtor.”
- affirming bankruptcy court’s holding that statements sent for informational purposes were not acts to collect on the debt without discussing injury
- “The [tax] statement was merely an informative document sent in the normal course of business that contained data the Debtor needed in order to prepare her tax return.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Feeney, Tester, Bailey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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